Could a federal district judge conduct a marriage ceremony in South Carolina?

Plain-English summary

A federal district judge asked whether he could conduct a marriage ceremony in South Carolina. The AG said Section 20-1-20 authorized officers who could administer oaths in the state to perform marriages. A lawyer for the federal courts had advised that United States judges could administer oaths without a territorial limit under federal law. Deferring to that interpretation, the AG concluded that this judge could conduct the ceremony.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did South Carolina allow officers who administer oaths to perform marriages?
A: Yes. The opinion quoted Section 20-1-20 as including officers authorized to administer oaths in the state.

Q: Why did the AG say a federal judge qualified?
A: The AG relied on a federal courts lawyer’s interpretation that United States judges could administer oaths in South Carolina without territorial restriction.

Q: Was the answer specific to the requesting judge?
A: Yes. The opinion expressly concluded that this United States district judge could conduct a South Carolina marriage ceremony.

Background and statutory framework

Section 20-1-20 described who could administer a marriage ceremony. The opinion linked the judge’s eligibility to his authority to administer oaths under 28 U.S.C. § 459 and expressly deferred to the federal courts lawyer’s reading of that authority.

Citations

• Section 20-1-20
• 28 U.S.C. § 459

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-12-2004/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04may12gilbert.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsTER

ATTORNEY GENERAL

May 12, 2004

The Honorable J. Phil Gilbert
United States District Courthouse
301 West Main Street
Benton, Illjnois 62812
Dear Judge Gilbert:

In a telephone call to this office you raised the question as to whether you can conduct a marriage ceremony in South Carolina. S.C. Code Ann. Section 20-1-20 (1985) provides that "(o)nly ministers of the Gospel or accepted Jewish rabbis and officers authorized to administer oaths in this State are authorized to administer a marriage ceremony in this State.''

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I have been advised by a letter from Mr. David N. Adair, Jr, Associate General Counsel, Administrative Office of the United States Courts, that you are authorized to administer oaths in the State of South Carolina. He indicated in his letter that oaths or affirmations and acknowledgments may be taken by any justice or judge of the United States pursuant to the provisions of 28 U.S.C. § 459 and that there are no territorial limitations on such authority. Mr. Adair concluded that he was of the view that you would have the authority to conduct a marriage ceremony in South Carolina. This office defers to Mr. Adair's interpretation. Based upon the conclusion of Mr. Adair, it is my opinion that you as a United States District Judge would be authorized to conduct a marriage ceremony in South Carolina pursuant to the provisions of Section 20-1-20.

REMBERT C. D ENNIS Bun.DING

• PosT Omc E Box 11549 • COUJMBIA. S.C. 292 11-1 549 •

T El.EPHONE: 803-734-3970

•

fACSIMll.E: 803-253-6283

The Honorable J. Phil Gilbert
Page2
May 12, 2004

If there is anything further, please do not hesitate to contact me. Sincerely,

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Charles H. Richardson
Senior Assistant Attorney General
cc:

Ms. Sherry Bryan
Beaufort County Probate Court
P. 0. Box 1083
Beaufort, South Carolina 2990 I

REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General